Legal Definitions - petition for access

A petition for access is a formal request made to the U.S. Patent and Trademark Office (USPTO) by someone who normally does not have the right to view a pending patent application.

Patent applications are generally kept confidential until they are granted or published. However, in certain specific circumstances, an individual or entity can file a petition to gain access to an application that is not yet public. To be successful, the person filing the petition must:

• Demonstrate a special and compelling need for access to the confidential information.
• Show that the original patent applicant has been properly notified about the petition.

The patent applicant whose application is being sought has the right to a hearing before the USPTO decides whether to grant access, allowing them to argue against the disclosure of their confidential information.

Examples of a Petition for Access:

• Competitor Suspecting Infringement: Imagine InnovateTech Inc. holds a patent for a unique software algorithm. They learn that a rival company, Future Solutions Corp., has filed a patent application for a very similar algorithm. InnovateTech Inc. believes Future Solutions Corp.'s pending application might contain evidence that their technology infringes on InnovateTech's existing patent. InnovateTech Inc. could file a petition for access to inspect Future Solutions Corp.'s confidential patent application. Their "special need" would be to gather evidence to protect their intellectual property and potentially prepare for a patent infringement lawsuit.

• Due Diligence for a Business Acquisition: A large pharmaceutical company, Global Pharma, is considering acquiring a smaller biotech startup, BioDiscovery Labs. BioDiscovery Labs' primary asset is a groundbreaking new drug compound for which it has a patent application currently pending with the USPTO. Before finalizing the multi-million dollar acquisition, Global Pharma needs to thoroughly review the full details of BioDiscovery Labs' patent application to assess its scope, strength, and potential value. Since the application is not yet public, Global Pharma would file a petition for access, demonstrating their "special need" for due diligence related to the acquisition.